September

Blog Posts in September, 2013

There are situations in which it is justifiable to use non-deadly force to defend yourself or another person against harm. This type of self-defense, or defense of another, is distinguishable from the justifiable use of deadly force in that the force or threat of force exerted upon you is not sufficient enough to warrant your use of lethal self-defense. You need to know which situations call for ...

Many people suffer from the mistaken belief that first-time offenders cannot be sent to state prison for their crimes. While a first-time offender is more likely to receive probation or Pre-Trial Intervention (PTI) , burglary of a dwelling, either occupied or unoccupied, is a second-degree felony that actually recommends a state prison sentence for even first-time offenders. Most people consider ...

Your juvenile arrest record can be expunged just like an adult arrest record. However, it is important to know how expunging a juvenile record is different than expunging an adult record. First of all, there are really two different types of juvenile expungements. One, which only exists in the juvenile system, is known as a juvenile diversion expungement. This expungement is permitted for juvenile ...

In March of 2007, Florida lawmakers passed the “Anti-Murder Act,” which designates certain offenders as “Violent Felony Offenders of Special Concern (VFOSC). A person qualifies under this statute if they are on felony probation or community control for any of the following offenses: Kidnapping Murder, attempted murder, or manslaughter Aggravated battery or attempted aggravated battery Sexual ...

Ordinary crimes and domestic crimes are distinguishable in criminal court. A crime that occurs between strangers will be treated differently than a crime that occurs between people in a domestic relationship. That domestic relationship is the cornerstone of what constitutes “ domestic violence ” in Florida. Florida law states that a domestic relationship exists between spouses, former spouses, ...

A juvenile direct file means that a juvenile has been charged as an adult and will face adult penalties for their alleged crimes. Florida law prescribes both mandatory and discretionary direct files. This means that there are times when the State Attorney’s Office must file adult charges, and there are times when the State Attorney’s Office may file adult charges. Florida law states that a child ...

Grand theft can be broken down into degrees , which are levels of the offense based on the value of the item or items taken by the accused. For any crime to constitute grand theft, the value of the item(s) must be $300 or more. Grand theft in the first degree is the most serious form of grand theft. A first-degree felony, this offense is punishable by up to 30 years in state prison. In order to be ...

Of the various types of aggravated battery crimes in Florida, one of the more common offenses is aggravated battery on a pregnant female. A Miami aggravated battery attorney or Broward aggravated battery attorney can be helpful in fighting these serious charges in either of the two counties. More often than not, aggravated battery is a crime of domestic violence , meaning that a domestic ...

I have said it many times before, the worst type of criminal charge that you can face is a sex crime . One of the most common types of sex crimes is a lewd or lascivious offense. Lewd or lascivious offenses do not involve actual rape. That is the crime of sexual battery. Lewd or lascivious offenses can be either lewd or lascivious battery, lewd or lascivious exhibition, lewd or lascivious ...

Trafficking in marijuana, also known as cannabis, is a first-degree felony punishable by up t0 30 years in prison under Florida law. Like all trafficking cases in Florida, trafficking in marijuana has mandatory minimum sentences , such as prison time and fines. For being in possession of 25 pounds up to 2,000 pounds, or in the case of a marijuana grow house , being in possession of 300 plants up ...

A veteran lieutenant from the Broward Sheriff’s Office has been suspended with pay after he was arrested and charged with petit theft . The lieutenant was at a casino when a woman reported that her purse had been stolen. When casino security staff checked the surveillance video, they saw the BSO lieutenant - having visited the casino while off-duty - taking the purse. The lieutenant was found with ...

After spending six years in custody, which included part a twenty-five year prison term after being convicted in his first trial in 2009, a man was acquitted and set free after his original conviction was overturned and he was retried on charges of manslaughter and burglary with an assault or battery . In 2007, the accused, who was just 19 at the time of the crime, was charged with reaching into ...

Police found a lab used to cook methamphetamine in a Fort Lauderdale hotel room. One of the suspects was charged only with possession of a controlled substance and possession of drug paraphernalia . The other suspect could face charges as serious as trafficking in methamphetamine if the weight meets the trafficking threshold. In Florida, trafficking in methamphetamine is a first-degree felony ...

Operating a marijuana grow house doesn’t always lead to a trafficking in marijuana charge. It is important to remember that drug trafficking in the State of Florida is based on the weight of the drug. For marijuana, that trafficking threshold is 25 pounds or 300 plants. If you are charged with operating a marijuana grow house, you could be charged with trafficking if you have 300 plants or the ...